Judiciary of Russia

Judiciary of Russia
Russia

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Under the Russian constitution, the Russian judiciary has judicial appeal and judicial review at the level of the Supreme Court. The twenty-three-member Supreme Court is Russia's highest court of origination and of appeals for consideration of criminal, civil, and administrative cases. The Superior Court of Arbitration, which is headed by a board of one chairman and four deputy chairmen, is the highest court for the resolution of economic disputes. Courts of arbitration also exist at lower jurisdictional levels. The nineteen-member Constitutional Court decides whether federal laws, presidential and federal decrees and directives, and local constitutions, charters, and laws comply with the federal constitution. Treaties between the national government and a regional jurisdiction and between regional jurisdictions are subject to the same oversight. The Constitutional Court also resolves jurisdictional disputes between federal or local organs of power, and it also may be asked to interpret the federal constitution.

Under the constitution, judges of the three highest courts serve for life and are appointed by the Federation Council after nomination by the president. The president appoints judges at the next level, the federal district courts. The minister of justice is responsible for appointing judges to regional and city courts. However, in practice many appointments below the national level still are made by the chief executives of subnational jurisdictions.

On 25 May 2001, President Putin proposed the Federal Law "On Amending the Federal Law On the Status of Judges In the Russian Federation",[1] which was passed by the Duma, and signed by President Putin on 15 December 2001. The law introduced disciplinary and administrative responsibility for judges.

In 1996, President Boris Yeltsin announced that there would be a moratorium on the death penalty in Russia, although capital punishment has not yet been officially abolished under law.

Constitutional Court Judge Vladimir Yaroslavtsev, in a 2009 interview with the Spanish newspaper El País, claimed that the presidential executive office and security services had undermined judicial independence in Russia.[2] In October the Constitutional Court in an unprecedented motion accused Yaroslavtsev of "undermining the authority of the judiciary" in violation of the judicial code and forced him to resign from the Council of Judges. Judge Anatoly Kononov, who had frequently dissented from decisions taken by the majority of the court, in his interview to Sobesednik supported Yaroslavtsev, claiming that there was no independent judiciary in Russia.[3] Kononov was forced to step down from the Constitutional Court on 1 January 2010, seven years ahead of schedule.[4][5][6]

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